Understanding RAilroad Titles
Thursday | December 2, 2004 | 4:00 p.m. - 7:00 p.m.
Boston Bar Association
Conference Center
16 Beacon Street
Boston, MA 02108
Sponsored by the BBA Real Estate Section, Title and Conveyancing Committee.
Abandoned railroad rights of way and lands appurtenant to them have proven to be a source of developable land in the Commonwealth for over a hundred years, but many interested parties remain unaware of the specific regulations associated with them. Program attendees will learn how to determine if the properties they are involved with are affected by these regulations and the steps necessary to satisfy the statutory requirements for developing them.
Specific topics include:
- The Somerset case and why a fifty year title search may not be enough;
- The significance of Valuation (“Val”) plans and how to interpret them;
- The impact of the Commonwealth’s right of first refusal on railroad lands and what properties are affected under Chapter 161C §7;
- Ownership interests in railroad lands – determining fee simple absolute from easement rights;
- Why a duly issued building permit isn’t sufficient to develop abandoned railroad lands – interpreting Chapter 40 §54A;
- The evidence necessary to satisfy compliance with statutory concerns –how to obtain it and why it’s critical to record it for both new development and existing structures;
- How to resolve the title to property for which there is no documentation of compliance with the statutory scheme;
- Under what conditions MBTA properties are considered to be railroad lands for purposes of complying with the statutory scheme;
- The “Rails to Trails” initiative and what it means in Massachusetts.
Panelists:
Arch Acton, Esq.
Marsh, Moriarty, Ontell & Golder, P.C.
Henry H. Thayer, Esq.
Rackemann, Sawyer, & Brewster
Susan Horn-Moo, Esq.
Transit Realty, LLC
Donna Hill
Rail Unit
Executive Office of Transportation
Program Moderator:
Leslie J. Cook, Esq.
Chicago Title Insurance Company
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